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(영문) 전주지방법원 정읍지원 2016.06.07 2016고단139
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2016, around 23:40, the Defendant: (a) 23:40, at the front of the Gowon-gun, Gowon-gun, Go Changwon-gun, which inspected and controlled drinking on the roads, carried a test car with the slope D belonging to the Gowon Police Station C District D, which was carrying the patrol car, without any reason; and (b) aiming at preventing the above D from moving the patrol vehicle to another place, the Defendant was sicking the door of the patrol lane and the vehicle.

In addition, Defendant E (46 tax) of the Victim E (46 tax) belonging to the said C District E (A) cannot be said to be the end of his life;

There is no special character in which the author cannot work.

"In doing so, the defendant's behavior was prevented, and the victim's "the head of this gue gue fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe feb"

As a result, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order, and at the same time, the defendant injured the victim about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements prepared in D (including a copy of the work log in C District);

1. Application of Acts and subordinate statutes to report internal investigation (19 pages of investigation records), investigation report (medical opinions and general medical checkups);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. Application of the sentencing criteria;

(a) Basic crimes: In the case of the basic area (from April to one year and six months) of bodily injury (the scope of recommendations) (the term of imprisonment for a term of four months) (the term of imprisonment for a term of one year and six months) (the term of special mitigation) / In the case of interference with the execution of official duties;

(b)basic crimes and crimes in a mutually competitive relationship: interference with the execution of official duties (the scope of recommendations).

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